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FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
Article • September 15, 2004 • from PLN September, 2004
California Prison Guard Union Scandal Goes Public by Woody Morgan The current leadership of the California Correctional Peace Officers Association has charged 10 current and former leadership members with wrongdoing. In internal documents received by the Lassen County Times, current President Mike DeWitt of the local CCPOA said both Mark …
Article • September 15, 2004 • from PLN September, 2004
Prisoner Shot Dead by Guard in California Prison Riot by One prisoner was shot dead and four others received wounds requiring outside hospitalization, in a 20 minute riot an October 12, 2003 at Facility "B" of Pleasant Valley State Prison (PVSP), a 5,000 man prison in Coalinga, California. The evening …
Article • September 15, 2004 • from PLN September, 2004
California Changes Policies for Prison Gangs and Security Housing Units by Charles F.A. Carbone by Charles F.A. Carbone, Esq. Major changes to prison gang management policies and the use of security housing units (SHU's) or super-maximum prisons are expected in California prisons due to the settlement of a lawsuit brought …
Article • August 15, 2004 • from PLN August, 2004
California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Commentary/Reviews, Reviews
2004 Supplement to the California State Prisoners Handbook by John E Dannenberg 2004 Supplement to the California State Prisoners Handbook by Fama, McKay, Snedecker, Smith and the Prison Law Office, 230 pp. Reviewed by John E. Dannenberg A 230 page Supplement to The California State Prisoners Handbook has been released, …
Article • August 15, 2004 • from PLN August, 2004
California Prison Guards Organize to Sue Assaultive Prisoners by California Prison Guards Organize To Sue Assaultive Prisoners In a classic case of "man bites dog," California state prison guards have begun a program to sue prisoners whom they allege assaulted them. To prosecute these suits, 2,900 guards have organized the …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
Article • August 15, 2004 • from PLN August, 2004
Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican …
Abu Ghraib, USA by Anne-Marie Cusac When I first saw the photo, taken at the Abu Ghraib prison, of a hooded and robed figure strung with electrical wiring, I thought of the Sacramento, California, city jail. When I heard that dogs had been used to intimidate and bite at least …
Article • July 15, 2004 • from PLN July, 2004
California Agrees to Provide Kosher Prison Diet Program by John E Dannenberg by John E. Dannenberg The California Department of Corrections settled a prisoner civil rights complaint on November 12, 2003 by agreeing to accord approved kosher-observant Jewish prisoners a Kosher Diet Program (Program). The Program provides guidelines for foods …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
California Class Action Lawsuit Targets Unauthorized Prison Phone Charges by A lawsuit currently pending in a California state court claims that certain providers of prison telephone services have improperly charged for collect calls from correctional institutions that were not authorized or accepted by the called party. The lawsuit, Condes v. …
Article • July 15, 2004 • from PLN July, 2004
California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E Dannenberg California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E. Dannenberg The California Court of Appeals upheld the California Department of Corrections (CDC) regulation permitting administrative labeling of state prisoners as sex offenders …
Article • July 15, 2004 • from PLN July, 2004
Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E Dannenberg Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals dismissed on jurisdictional grounds the California Department of Corrections (CDC) officials …
$450,000 Settlement in California Prison Murder Suit by The California Department of Corrections (CDC) agreed on October 15, 2003 to pay $450,000 to settle the civil rights complaint brought by the surviving family of a prisoner murdered by his cellmate. Jeffrey Ford, an effeminate homosexual serving prison time for petty …
Article • June 15, 2004 • from PLN June, 2004
California's Proposition 36 Parole Violator Drug Treatment Program Covers Probation Violators by John E Dannenberg by John E. Dannenberg The California Court of Appeal judicially extended the reach of California's parole violator alternative drug treatment program, Proposition (Prop.) 36 (Nov. 7, 2000, codified at Penal Code §§ 1210, 1210.1, 3063.1) …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Commentary/Reviews, Reviews
The Inmate's Guide to Prison Health Care by John E Dannenberg by Dr. D.M. Granit, Two Rainbow Publishing Co., Oct. 2003, 106 pp. Review by John E. Dannenber The Inmate's Guide to Prison Health Care offers prisoners a unique perspective on how to get the best response to their health …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work, Prison Labor
California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner In California, up to three quarters of the crew members fighting California fires are prisoners. In exchange for a reduction in sentence …
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